Indicted speaker

Mike Hubbard

The legal team for Alabama Speaker of the House Mike Hubbard presented documents to the court Wednesday that they claim invalidate some of the 23 felony ethics charges listed in Hubbard’s October indictment.

Hubbard attorney Mark White presented the production of a subpoena of records from the Business Council of Alabama to Lee County Circuit Judge Jacob A. Walker during an order setting hearing Wednesday morning. The subpoena targeted documents related to Attorney General Luther Strange and others acting on the AG’s behalf seeking consideration in obtaining employment for friends and relatives. Hubbard has been accused of similar activity.

“It is the same contact with the same people at the same time as the speaker is charged with in the indictment,” White said.

White added he and his team believe the conduct of both the speaker and attorney general is “absolutely, completely legal.”

The defense also presented subpoenaed documents from the secretary of state and audio from the Alabama Personnel Board from a Feb. 9, 2011, meeting that White said supports the defense’s argument that Deputy Attorney General Matt Hart, who has been acting as the AG in Hubbard’s case, was appointed illegally.

The case is still set to go to trial in October, but White said his team is “just not at that point yet as to whether or not October is realistic.

“I think there is a significant issue of the case developing,” he continued. “We were due production 15 days after the indictment, and we still don’t have that information in a form we can use. … The case will be tried when it’s ready.”

The hearing came less than three weeks after the close of a tumultuous state legislative session, with a special session to pass a General Fund budget on the horizon.

“He’s been focused on being the speaker,” White said of Hubbard. “As far as this, we have urged him to leave this in our hands and do what he does so well – be the speaker of the Alabama House.”

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